IMPORTANT POINT
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.

ORDER :

1. Heard Mr. Yatin Soni, learned advocate appearing for the petitioners and Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondents-State.

2. By way of the present petition, petitioners herein seek directions upon the respondent authorities to regularize the services of the petitioners following the length of service of the petitioners as per the decision of the Hon’ble Apex Court in the case of State of Gujarat & Ors. v/s. PWD Employees Union & Ors. ETC. reported in 2013(8) Scale 579, which is duly produced at Page-61.

3. In light of the aforesaid position of law as laid down by the Hon’ble Apex Court, the order passed in Special Civil Application No. 11297 of 2016 dated 02.08.2016 and duly confirmed in Letters Patent Appeal No. 1268 of 2017 vide order dated 18.06.2018, whereby, the directions were issued to consider the case of the petitioners, in accordance with the government resolution dated 17.10.1988 and it was also further directed that such benefits could not be denied to the petitioners only on the ground that the petitioners have not worked 240 days. The petitioners herein also seek parity with the order passed in Special Civil Application No. 1563 of 1992 and allied matters, wherein, order dated 31.01.2013 came to be passed, following the ratio as laid down in the aforesaid Letters Patent Appeal and the Hon’ble Apex Court as referred above.

4. The petitioners herein are constrained to approach this Court once again, this being a 3rd round of litigation seeking regularization of the services, in light of the government resolution dated 17.10.1988 and the position of law as referred above and have prayed for the following reliefs:

“A) YOUR LORDSHIPS may be pleased to admit and allow this petition.

(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, to direct the respondent to regularize the services of the petitioners from retrospective effect from 1992 on the basis of G.R. dated 17/10/1988 on the basis of the length of services of the petitioners as mentioned in the said G.R.;

(C) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, to the respondents to grant the benefits of Govt. Resolution dtd. 17.10.1988 to the petitioner, following the length of service of the petitioners and also as per the decision of the Hon'ble Apex Court, pending the admission, hearing and final disposal of this petition;

(D) YOUR LORDSHIPS be pleased to direct the respondent authority to pay the difference of salary as per the prevailing pay commission from the date of joining their respective service, as the services of the petitioners are eligible for benefit of Govt. resolution dtd. 17.10.1988, on completing 10 years of continuous service of each petitioner, along with interest in the interest of justice;

(E) YOUR LORDSHIPS be pleased to direct the respondent authority to pay the difference of salary as per the prevailing pay commission from the date of joining their respective service, as the services of the petitioner are eligible for benefit of Govt. Resolution dtd. 17.10.1988, on completing 10 years of continuous service of each petitioner, along with interest in the interest of justice, pending the admission, hearing and final disposal of this petition;

(F) YOUR LORDSHIPS may be pleased to quash and set aside the said decision of the Director of Horticulture Department of the State of Gujarat conveyed to the petitioner by communication BGT/ KHNG /KH - Court Case/ 490-91-17 dated 17th January, 2017 and further be pleased to declare the same to be unjust, arbitrary and illegal.

(G) Pending hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent not to terminate the services of the petitioners and further direct the respondent to continue to give work for more than 240 days in a year